Why are contract vacancies asking whether you are opting in or out?


This was spotted on the www.computercontractor.net Forum.

VB Contractor

“”You must inform us as to whether you are opting in or opting out of agency regulations””

Can someone please tell me what this means? I saw this on a job ad.

Thanks in advance.

Forum Answer

It’s the new EU Agency Workers Directive which came into force in July.

The benefits to contractors are that:-

1) They can go direct at the end of the contract

2) Agencies have to pay contractors whether they get paid by the client or not

3) Agencies have to pay whether they get a signed timesheet or not

In their infinite wisdom the Professional Contractors Group jpoined up with the agencies to lobby for an opt out for limited companies and got it.

Agencies are not allowed to discriminate against contractors who don’t opt out.

However, they are getting round the legislation by asking contractors if they are opting in or opting out.

They won’t get you a job if you opt in – as you could go direct at the end of the contract.

Once the DTI see what is happening here they will change the rules. Either that or it will come to court and the agencies will lose as they are breaking the spirit of the law.